S.J.R. 13 Enrolled

JOINT RESOLUTION AMENDING INTERIM
LEGISLATIVE RULES
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael G. Waddoups

LONG TITLE
General Description:
This bill modifies joint interim rules.
Highlighted Provisions:
This resolution:
. expands the minimum number of subcommittee members from four to five;
. requires a legislator to obtain approval from the Legislative Expenses Oversight
Committee for the legislator's chamber before qualifying for per diem for attending
a committee or subcommittee meeting of which the legislator is not a member;
. modifies requirements governing the treatment of disorderly visitors;
. clarifies and modifies quorum requirements;
. modifies requirements governing sources of legislative procedure;
. clarifies requirements governing division of motions;
. clarifies requirements governing substitute motions;
. clarifies which motions may be amended;
. repeals the requirement governing suspension of the rules; and
. repeals the rule governing motions to hold.
Special Clauses:
None
Legislative Rules Affected:
AMENDS:
IR1-1-202
IR3-1-102

IR3-1-103
IR3-2-101
IR3-4-201
IR3-4-204
ENACTS:
IR3-4-205
REPEALS:
IR2-1-102
IR3-4-101
IR3-4-102
IR3-4-302

Be it resolved by the Legislature of the state of Utah:
Section 1. IR1-1-202 is amended to read:
IR1-1-202. Interim Committees -- Creation and Organization of Subcommittees.
(1) An interim committee may establish one or more subcommittees if:
(a) a majority of the interim committee votes to create the subcommittee;
(b) the per diem and expenses of the subcommittee members can be adequately covered
within the budget of the interim committee; and
(c) the interim committee solicits and receives approval from the Legislative
Management Committee to create the subcommittee.
(2) The interim committee shall establish the powers and duties of the subcommittee.
(3) The cochairs of the interim committee shall:
(a) appoint at least four legislators to serve on the subcommittee from the membership of
the interim committee that created the subcommittee; and
(b) appoint at least one additional legislator who is a member of the interim committee
that created the subcommittee as chair of the subcommittee.
Section 2. IR3-1-102 is amended to read:

IR3-1-102. Rights of Members to Attend Meetings -- Nonmembers of the
Committee or Subcommittee May Not Vote.
(1) Any member of the Legislature may:
(a) attend any meeting of an interim committee or any of its subcommittees; and
(b) if recognized by the chair, present the member's views on any subject under
consideration by the committee or subcommittee.
(2) Notwithstanding Subsection (1), a legislator must be a member of the committee or
subcommittee in order to:
(a) vote on any decision of the committee or subcommittee; or
(b) receive per diem for attending the meeting unless approval for receiving per diem is
obtained from the Legislative Expenses Oversight Committee of the chamber in which the
legislator is a member.
Section 3. IR3-1-103 is amended to read:
IR3-1-103. Order and Decorum -- Points of Order.
(1) (a) The chair shall preserve order and decorum in committee meetings and hearings.
(b) The chair may order the committee room cleared of [visitors if visitors engage in
disorderly conduct] any disorderly visitor.
(2) (a) The chair shall decide points of order, subject to an appeal to the committee by
any member of the committee.
(b) A committee member wishing to appeal a decision of the chair shall make a motion
appealing the decision of the chair.
(c) The committee shall decide the point of order by a majority vote of the committee
members present.
Section 4. IR3-2-101 is amended to read:
IR3-2-101. Quorum Requirements.
(1) For the purpose of determining a committee or subcommittee quorum, a majority is at
least 50% in one house and more than 50% in the other.
(2) If a member of the committee or subcommittee fails to attend two consecutive

meetings of a committee or subcommittee in any calendar year, that legislator's membership in
the committee or subcommittee is not counted for that calendar year in determining a quorum,
except for meetings that the legislator actually attends.
(3) Except for meetings that the legislator actually attends, legislators who are members
of the Legislative Management Committee are not counted in determining a quorum.
Section 5. IR3-4-201 is amended to read:
IR3-4-201. Motions to be Stated Before Debate -- Dividing a Motion --
Withdrawing a Motion.
(1) When a motion is made, it shall be stated by the chair before debate.
(2) When a motion is stated by the chair, it is in the possession of the committee.
(3) (a) If a motion contains several points, a committee member may request that the
motion be divided and that each part be voted upon separately.
(b) To be in order, the request to divide must clearly state how the question is to be
divided.
(c) Except as provided in Subsections (3)(d) and (e), if the request is in order, the chair
must divide the motion and take a separate vote on each part of the divided motion.
(d) (i) Except as provided in Subsections (3)(d)(ii) and (iii), a motion to strike out and
insert, or to delete and insert, is not subject to division.
(ii) If the committee rejects a motion to strike out and insert one proposition, a motion to
strike out and insert a different proposition is in order.
(iii) If the committee rejects a motion to delete and insert one proposition, a motion to
delete and insert a different proposition is in order.
(e) (i) The presiding officer shall determine how many divisions may be made to any
question.
(ii) The committee may seek to overrule this decision only once.
[(3)] (4) (a) A motion may be withdrawn at any time by the sponsor before it is divided
or amended.
(b) After a motion has been divided or amended, it may be withdrawn by the sponsor

only if the withdrawal of the motion is approved by a majority of the committee members
present.
Section 6. IR3-4-204 is amended to read:
IR3-4-204. Substitute Motions.
(1) A substitute motion, or any part of the substitute motion, if adopted by a majority of
the committee members present, disposes of the original motion.
(2) The chair may not accept a substitute motion to a substitute motion.
Section 7. IR3-4-205 is enacted to read:
IR3-4-205. Which Motions May Be Amended (Masons Sec. 396).
Each original main motion may be amended, and all other motions may be amended,
except the following motions:
(1) to adjourn;
(2) to appeal the decision of the chair;
(3) to raise a point of order;
(4) to divide another motion;
(5) to table;
(6) to remove from the table;
(7) to call the previous question;
(8) to amend an amendment;
(9) to move to the next item on the agenda;
(10) to call for division; or
(11) to reconsider.
Section 8. Repealer.
This resolution repeals:
IR2-1-102, Interim Committees -- Initiating its Own Studies -- Process.
IR3-4-101, Mason's Manual of Legislative Procedure.
IR3-4-102, Suspension of Rules.
IR3-4-302, Motion to Hold.